18.2-308.4 - Possession of firearms while in possession of certain controlled substances. - Virginia Statutes

§ 18.2-308.4. Possession of firearms while in possession of certaincontrolled substances.

A. It shall be unlawful for any person unlawfully in possession of acontrolled substance classified in Schedule I or II of the Drug Control Act(§ 54.1-3400 et seq.) of Title 54.1 to simultaneously with knowledge andintent possess any firearm. A violation of this subsection is a Class 6felony and constitutes a separate and distinct felony.

B. It shall be unlawful for any person unlawfully in possession of acontrolled substance classified in Schedule I or II of the Drug Control Act(§ 54.1-3400 et seq.) to simultaneously with knowledge and intent possess anyfirearm on or about his person. A violation of this subsection is a Class 6felony and constitutes a separate and distinct felony and any personconvicted hereunder shall be sentenced to a mandatory minimum term ofimprisonment of two years. Such punishment shall be separate and apart from,and shall be made to run consecutively with, any punishment received for thecommission of the primary felony.

C. It shall be unlawful for any person to possess, use, or attempt to use anypistol, shotgun, rifle, or other firearm or display such weapon in athreatening manner while committing or attempting to commit the illegalmanufacture, sale, distribution, or the possession with the intent tomanufacture, sell, or distribute a controlled substance classified inSchedule I or Schedule II of the Drug Control Act (§ 54.1-3400 et seq.) ofTitle 54.1 or more than one pound of marijuana. A violation of thissubsection is a Class 6 felony, and constitutes a separate and distinctfelony and any person convicted hereunder shall be sentenced to a mandatoryminimum term of imprisonment of five years. Such punishment shall be separateand apart from, and shall be made to run consecutively with, any punishmentreceived for the commission of the primary felony.

(1987, c. 285; 1990, c. 625; 1992, c. 707; 1993, c. 831; 1999, cc. 829, 846;2003, c. 949; 2004, cc. 461, 995.)